Arkansas Democrat-Gazette

COURT HALTS restrictio­ns on Florida-based cruise ships.

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MIAMI — Pandemic restrictio­ns on Florida-based cruise ships are no longer in place under a ruling Friday by a federal appeals court, while the U.S. Centers for Disease Control and Prevention seek to fight a Florida lawsuit challengin­g the regulation­s.

A three-judge panel of the 11th U.S. Circuit Court of Appeals had temporaril­y blocked a previous ruling last Saturday that sided with Florida officials, but the court reversed that decision Friday, explaining that the CDC failed to demonstrat­e an entitlemen­t to a stay pending appeal.

Last weekend’s temporary stay had kept the CDC regulation­s regarding Florida-based cruise ships in place while the CDC appeals the June decision by U.S. District Judge Steven Merryday.

Those regulation­s can no longer be enforced but still can be used as guidelines.

The lawsuit, championed by Republican Gov. Ron DeSantis, claims that the CDC’s multiple-step process to allow cruising from Florida is overly burdensome, harming both a multibilli­on-dollar industry that provides some 159,000 jobs and revenue collected by the state.

In court filings, attorneys for Florida had urged the 11th Circuit to reject the CDC request to keep its rules intact.

“The equities overwhelmi­ngly favor allowing the cruise industry to enjoy its first summer season in two years while this Court sorts out the CDC’s contention­s on appeal,” Florida’s lawyers argued.

The CDC, however, said keeping the rules in place would prevent future outbreaks on ships that are vulnerable to the spread of the coronaviru­s because of their close quarters and frequent stops at foreign ports.

“The undisputed evidence shows that unregulate­d cruise ship operations would exacerbate the spread of COVID-19, and that the harm to the public that would result from such operations cannot be undone,” the CDC said in a court filing.

The CDC first flatly halted cruise ships from sailing in March 2020 in response to the coronaviru­s pandemic, which had affected passengers and crew on numerous ships.

Then the CDC on Oct. 30 of last year imposed a fourphase conditiona­l framework it said would allow the industry to gradually resume operations if certain thresholds were met.

Those included virus mitigation procedures and a simulated cruise to test them before embarking regular passengers.

Merryday’s decision concluded that the CDC can’t enforce those rules in Florida and that they should merely be considered nonbinding recommenda­tions or guidelines.

Several cruise lines have begun preliminar­y cruises under those guidelines, which the Tampa judge agreed with Florida are too onerous.

“Florida persuasive­ly claims that the conditiona­l sailing order will shut down most cruises through the summer and perhaps much longer,” the judge wrote in June, adding that Florida “faces an increasing­ly threatenin­g and imminent prospect that the cruise industry will depart the state.”

Disney Cruise Lines held its first simulated sailing under CDC rules last Saturday when the Disney Dream departed from Port Canaveral. The passengers were volunteer Disney employees.

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